Superior Court 8/14/08 - COMMONWEALTH OF PENNSYLVANIA v. LARRY MILLER

COMMONWEALTH OF PENNSYLVANIA v. LARRY MILLER
No. 528 EDA 2004 2008 PA Super 187 Atlantic: n/a Filed: 8/14/2008
Appeal from the Judgment of Sentence, February 4, 2004, in the Court of Common Pleas of Philadelphia County Criminal Division at No. C.P. #0212-0539 1/1
Before: FORD ELLIOTT, P.J., BOWES AND COLVILLE, JJ.
Opinion by: FORD ELLIOT, P.J.
Appellant, Larry Miller, appeals from the judgment of sentence entered on February 4, 2004 of not less than 10 nor more than 20 years’ imprisonment. Following a waiver trial, appellant was found guilty of aggravated assault, aggravated assault by vehicle, causing an accident while not properly licensed, leaving the scene of an accident, driving while under the influence, simple assault, recklessly endangering another person, and criminal mischief. The sole issue presented on appeal is whether the evidence presented is sufficient to establish that appellant acted with the necessary mens rea to be convicted of aggravated assault.

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